S.Amdt. 2318

1. Adds SEC. 518. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES at the end of subtitle B of title V

   Adds a section

   Inserted: SEC. 518. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.

   Inserted: (a) Authority To Provide Assistance.--Until operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367), the Governor of any State, upon the approval of the Secretary of Defense, shall order any units or personnel of the National Guard of such State--

   Inserted: (1) to perform annual training duty under section 502(a) of title 32, United States Code, to carry out in any State along the southern land border of the United States the activities authorized under subsection (b) for the purpose of securing such border; and

   Inserted: (2) to perform duty under section 502(f) of title 32, United States Code, to provide command, control, and continuity of support for units and personnel performing annual training duty under paragraph (1).

   Inserted: (b) Authorized Activities.--The following activities are authorized under this subsection:

   Inserted: (1) Ground reconnaissance activities.

   Inserted: (2) Airborne reconnaissance activities.

   Inserted: (3) Logistical support.

   Inserted: (4) Provision of translation services and training.

   Inserted: (5) Administrative support services.

   Inserted: (6) Technical training services.

   Inserted: (7) Emergency medical assistance and services.

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   Inserted: (8) Communications services.

   Inserted: (9) Rescue of aliens in peril.

   Inserted: (10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States.

   Inserted: (11) Ground and air transportation.

   Inserted: (12) Identification, interrogation, search, seizure, and detention of any alien entering or attempting to enter the United States in violation of any law or regulation regarding the admission, exclusion, expulsion, or removal of aliens, until the alien can be transferred into the custody of a Border Patrol agent or an officer of United States Customs and Border Protection.

   Inserted: (c) Cooperative Agreements.--Units and personnel of the National Guard of a State may only perform activities in another State under subsection (a) pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between the governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.

   Inserted: (d) Coordination of Assistance.--The Secretary of Homeland Security, in consultation with the Secretary of Defense and the governors of the States concerned, shall coordinate the performance of activities under this section by units and personnel of the National Guard.

   Inserted: (e) Annual Training.--Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty. Individual periods of training duty shall not be limited to 3 weeks per year.

   Inserted: (f) Rules of Engagement.--The Secretary of Homeland Security, in consultation with the Secretary of Defense and the governors of the States concerned, shall coordinate the rules of engagement to be followed by units and personnel of the National Guard tasked with authorized activities described in subsection (b)(12). The rules of engagement for the National Guard shall be equivalent to the rules of engagement for Border Patrol agents.

   Inserted: (g) Use of Force.--

   Inserted: (1) In general.--Nondeadly force may be used by members of the National Guard stationed at the southern border in the identification, interrogation, search, seizure, and detention of any alien pursuant to subsection (b)(12).

   Inserted: (2) Nondeadly force defined.--In this subsection, the term "nondeadly force" means physical force or restraint that could not reasonably be expected to result in, or be capable of, causing death or serious bodily injury.

   Inserted: (h) Definitions.--In this section:

   Inserted: (1) Governor of a state.--The term "Governor of a State" means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.

   Inserted: (2) State.--The term "State" means each of the several States and the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

   Inserted: (3) State along the southern land border of the united states.--The term "State along the southern land border of the United States" means each of the following States:

   Inserted: (A) Arizona.

   Inserted: (B) California.

   Inserted: (C) New Mexico.

   Inserted: (D) Texas.

   Inserted: (i) Duration of Authority.--The authority of this section shall expire on the date on which operational control of the border is achieved in accordance with the Secure Fence Act of 2006 (Public Law 109-367).

   Original wording

   At the end of subtitle B of title V, add the following:

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As printed